Habib I. I. The final division of common money/ A comparative study

Abstract

             It is permissible to request the division of the ownership of the common property in the first place, but the agreement of the partners, the text of the law, or the nature of the common property may prevent the division from being made. The division of the property is generally either a division by agreement or a judicial division. In order to carry out the agreed division, the partners must expressly agree, and the absence of an objectionable person. In addition to registering the consensual division of the common property in the Real Estate Registration Department, the partners have the right to challenge the agreed division without the judicial division due to gross unfairness, by filing a lawsuit within six months from the time of the end of the division. The division procedure depends on the common property being divisible, and whether the division is: A division in kind or a liquidation division, and it is a condition that the intended benefit should not be lost in determining the susceptibility of common property to judicial division in kind; Because this is considered more justice, and in the event that the common property is not capable of being divided in kind, the court will sell the common property, and the judge’s ruling on the division shall have a retrospective and transferable effect. This is to protect the participants, as the partner is the owner of his separate share since the beginning of the joint venture, and all his actions are carried out on it before the division, and the rights that others assigned to it are forfeited.